Old Church Life in Scotland Lectures On Kirk Session And Presbytery Records

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In early times, however, Kirk Sessions were not always particular on this point, and oaths of exculpation were occasionally allowed, if not even required, when nothing but innocence should have been p csumcd. In 1680 a woman in Mauchline was slandered by a man, and the Session allowed her the privilege of clearing herself by oath before the congregation. Such a privilege as that came very far short of women's rights. It is monstrous to think that any person should need or be expected to disprov...e an unsupported accusation against him. The burden of proof clearly falls in justice on the accuser, and the civil law very properly allows ^ There are several cases on record in the books of the Presbytery of Ayr in which persons offering to take the oath of purgation got a double or copy of it to consider. How dreadful the old oath, prior to 1707, was, will be seen at Appendix C.
CJmrcJi Discipline in Olden Times. 221 people injured by false accusation the right of not only proving innocence but recovering compensation for damages.


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